WVC 18 B- 19 - 7
§18B-19-7. Capital project management.
(a) The commission, council and governing boards shall ensure
that capital funds are spent appropriately and that capital
projects are managed effectively. Project management shall be
conducted in all respects according to sound business practices and
applicable laws, and rules.

(b) The commission shall employ a sufficient number of
competent facilities staff experienced in capital project
development and management that is suitable for the number, size
and complexity of the capital projects being managed. By December
31, 2011, and continuing thereafter, at least one employee shall be
Leadership in Energy and Environmental Design (LEED) certified.

(c) An institution that has entered into construction
contracts averaging more than $50 million over the most recent
rolling five-year period is responsible for capital project
management at that institution if it meets the following additional
conditions:

(1) The governing board shall employ a facilities staff
experienced in capital project development and management that is
suitable for the number, size and complexity of the capital
projects being managed and, by December 31, 2011, and continuing
thereafter, at least one of these employees shall be Leadership in
Energy and Environmental Design (LEED) certified;

(2) The governing board shall promulgate and adopt a capital
project management rule in accordance with section six, article one of this chapter which is consistent with the capital management
rules of the commission and council. The capital project
management rule shall include at least the following items:

(A) Delineation of the governing board's responsibilities with
respect to capital project management and the responsibilities
delegated to the institution's president;

(B) A requirement for the use of the state's standard contract
documents for architectural, engineering, construction,
construction management and design-build services as appropriate to
a particular project;

(C) The governing board's requirements for the following
procedures:

(i) Monitoring and approving project designs to ensure
conformance with the state and system goals, objectives and
priorities and the governing board's master plan, compact and
campus development plan;

(ii) Approving project budgets, including a reasonable
contingency reserve for unknown or unexpected expenses and for
bidding;

(iii) Approving architectural, engineering and construction
contracts exceeding an amount to be determined by the governing
board;

(v) Providing a method for project closeout and final acceptance of the project by the governing board.

(3) The institutional capital project management rule shall be
filed with the commission no later than one hundred eighty days
following the effective date of the rule required of the commission
and council in section seventeen of this article.

(4) The commission may review or audit projects greater than
$5 million periodically to ascertain that appropriate capital
project management practices are being employed.

(d) For institutions that have entered into construction
contracts averaging at least $20 million, but not more than $50
million, over the most recent rolling five-year period:

(1) The governing board, with assistance as requested from the
commission, shall manage all capital projects if the governing
board meets the following conditions:

(A) Employs at least one individual experienced in capital
project development and management; and

(B) Promulgates and adopts a capital project management rule
in accordance with section six, article one of this chapter that is
approved by the commission. The capital project management rule
may be amended at the discretion of the governing board, but
amendments shall be submitted to the commission for review and
approval before becoming effective.

(2) The capital project management rule of the governing board
shall include at least the following items:

(A) Delineation of the governing board's responsibilities with respect to capital project management and the responsibilities
delegated to the institution's president;

(B) A requirement for the use of the state's standard contract
documents for architectural, engineering, construction,
construction management and design-build services as appropriate to
a particular project; and

(C) The governing board's requirements for the following
procedures:

(i) Monitoring and approving project designs to ensure
conformance with the state and system goals, objectives and
priorities and the governing board's master plan, compact and
campus development plan;

(ii) Approving project budgets, including a reasonable
contingency reserve for unknown or unexpected expenses and for
bidding;

(iii) Approving architectural, engineering, construction and
other capital contracts exceeding an amount to be determined by the
governing board;

(v) Providing a method for project closeout and final
acceptance of the project by the governing board.

(3) If an institution does not meet the provisions of this
subsection, the commission shall manage all capital projects
exceeding $1 million.

(4) The commission staff shall review and audit periodically
all projects greater than $1 million to ascertain that appropriate
project management practices are being employed. If serious
deficiencies are identified and not addressed sufficiently within
ninety days, commission staff may assume management of all
projects.

(e) For institutions that have entered into construction
contracts averaging less than $20 million over the most recent
rolling five-year period and for all community and technical
colleges, the commission and council shall manage capital projects
exceeding $1 million. In the rule required by section seventeen of
this article, the commission and council, as appropriate, shall
adopt procedures to afford participation by the governing boards
and staff in the planning, development and execution of capital
projects.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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